Louisiana Bankruptcy Records Online

Are Bankruptcy Records Public Information in Louisiana?

Bankruptcy records are public information as stated in the federal Freedom of Information Act (FOIA). The FOIA guarantees that members of the public can view or copy bankruptcy information from the courts. The Act does not mandate anyone to provide a reason for obtaining the desired information. Typically, custodians of bankruptcy records provide different platforms that individuals can request such information. Requesters should note that any records sealed by the court will only be available to authorized parties.

Record seekers looking for an alternative to government sources may obtain bankruptcy records from third-party websites. These non-governmental websites often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain bankruptcy case information using third-party sites, record seekers may need to provide:

A complete name of the debtor involved in the record
A bankruptcy case number

What are Louisiana Bankruptcy Records?

Bankruptcy records in Louisiana refer to any bankruptcy court document or information generated during bankruptcy proceedings. Bankruptcy records contain relevant details concerning persons who filed for bankruptcy in the state, such as financial records, owned assets, income sources, and the creditors involved. Typically, parties file for bankruptcy to reduce or eliminate their indebtedness to a creditor. Within the State of Louisiana, there are three bankruptcy courts that generate bankruptcy records for the districts they serve:

Each bankruptcy court handles bankruptcy cases of the counties that fall under its district. The courts are equipped with a clerk's office that attends to filings and any other inquiries. The Clerk of Court maintains bankruptcy records and provides members of the public with information they wish to obtain.

Since bankruptcy cases are under federal jurisdiction, there are different platforms and federal agencies responsible for managing and disseminating bankruptcy records. Interested individuals may also find Louisiana bankruptcy records via third-party websites, such as staterecords.org.

What Do Louisiana Bankruptcy Records Contain?

Louisiana bankruptcy records contain relevant financial documents and details concerning the parties involved in a bankruptcy case. Persons looking to obtain bankruptcy records can access the following information:

Bankruptcy case name
Case number
Docket report
The debtor's sources of income
A list of creditors
Financial and income statements of the debtor
Case status
A list of the debtor's assets

Filing for Bankruptcy in Louisiana

Bankruptcy in Louisiana is a legal method of relief obtainable by debtors who have incurred debts too heavy for them to repay as required. Filing for bankruptcy forces the petitioner’s creditors to immediately stop all actions to collect debts until the case is concluded. Depending on several factors, including the debt value and nature, bankruptcy may require liquidation or reorganization. The reorganization process involves a repayment plan that allows the applicant to gradually settle debts over an agreed period. On the other hand, liquidation requires selling the debtor’s properties to repay creditors.

The US Bankruptcy Code governs bankruptcy in Louisiana. Federal bankruptcy courts hear and resolve all bankruptcy cases as the state has no authority over these matters. In Louisiana, applicants must submit bankruptcy petitions to one of the following courts:

Debtors may submit applications depending on the location of residence or business. The locations for courts in each district are as follows:

United States Bankruptcy Court, Western District of Louisiana
Alexandria Office
US Courthouse
300 Jackson Street
Suite 116
Alexandria, LA 71301-8357
Phone: (318) 445-1890
Toll-Free: (866) 356-5221
Hours: 8:00 am to 5:00 pm, Monday to Friday

Lake Charles Office (Unmanned)
US Courthouse
611 Broad Street
1st Floor
Lake Charles, LA 70601

Monroe Office (Unmanned)
US Courthouse
201 Jackson Street
Monroe, LA 71201

Lafayette Office
John M. Shaw US Courthouse
800 Lafayette Street
Suite 1200
Lafayette, LA 70501
Phone: (337) 262-6800
Toll-Free: (866) 789-6015
Hours: 8:00 am to 5:00 pm, Monday to Friday

Shreveport Office
Tom Stagg US Courthouse
300 Fannin Street
Suite 2201
Shreveport, LA 71101-3141
Phone: (318) 676-4267
Toll-Free: (866) 721-2105
Hours: 8:00 am to 5:00 pm, Monday to Friday

United States Bankruptcy Court, Middle District of Louisiana
US Bankruptcy Court
707 Florida Street
Room 119
Baton Rouge, LA 70801
Phone: (225) 346-3333
Hours: 8:30 to 4:00 pm, Monday to Friday

United States Bankruptcy Court, Eastern District of Louisiana
US Bankruptcy Court
500 Poydras Street
Suite B-601 New Orleans, LA 70130
Phone: (504) 589-7878
Hours: 8:30 am to 4: 30 pm

Documents required to complete an application may differ depending on the type of bankruptcy filed and whether or not the petitioner is an individual or a business. Required information may also vary between district courts. For instance, the Middle District requires all vehicle owners to disclose such ownership and specify each vehicle’s actual mileage. Regardless, Louisiana bankruptcy filings generally require the following information:

Petition (Form 101)
Information on all debt, including total value and nature of each one
Statement of social security number (Form 121)
Government-issued identification
Recent bank account statements
Recent tax statements
Retirement account papers
Notice to the debtor by “bankruptcy petition preparer” where applicable (Form 119)
Credit card statements and other related documents
Complete list of creditors, including their names and address
Statement showing compensation paid or due to the “bankruptcy petition preparer” where applicable (Form 2800)

All interested persons may obtain information on non-confidential Louisiana bankruptcy records. Desired records are available online via the PACER system, by phone via the Multi-Court Voice Case Information System (McVIS), and by mail or in person at the respective court locations. Some information obtainable from Louisiana bankruptcy records include the following:

Debtor’s name
Contact information of the debtor’s attorney
Case number and status
Filing date
Trustee’s name
Date of first Meeting of Creditors
Closure and discharge date
List of reorganized or liquidated assets

Louisiana bankruptcy filings may be dismissed if the applicant submits an incomplete application, fails to pay filing fees, misrepresents the case to the court, or is absent at the Meeting of Creditors. The court will also deny a filing if the petitioner did not get credit counseling in the 180 days before submitting the application.

How to Get Louisiana Bankruptcy Records?

Obtaining physical copies of Louisiana bankruptcy records is possible from the office of the Clerk of Court. The bankruptcy court clerk provides interested individuals with information concerning a bankruptcy case.

Requesters may visit the clerk's office location in person and request over the counter. The courts also have public access terminals that requesters can use to search records at no cost or print documents for a fee.

The U.S. Bankruptcy Courts in Louisiana have their clerk offices at the following addresses:

Louisiana Eastern Bankruptcy Court
500 Poydras Street, Suite B-601
New Orleans, LA 70130
Phone: (504) 589-7878 (Clerk of Court)
Phone: (504) 589-7822 (Chief Deputy Clerk)

Louisiana Middle Bankruptcy Court
707 Florida Street, Room 119
Baton Rouge, LA 70801
Phone: (225) 346-3333 (Clerk's Office)
Phone: (225) 346-3308 (Chief Deputy Clerk)

Louisiana Western Bankruptcy Court
Tom Stagg United States CourtHouse
300 Fannin Street, Suite 2201
Shreveport, LA 71101-3141
Phone: (318) 676-4267

U. S. Courthouse
300 Jackson Street, Suite 116
Alexandria, LA 71301-8357
Phone: (318) 445-1890

John M. Shaw the United States Courthouse
800 Lafayette Street, Suite 1200
Lafayette, LA 70501
Phone: (337) 262-6800

The clerk offices usually take bankruptcy records requests during operational hours (8:00 a.m. to 4:00 a.m.).

Alternatively, Louisiana bankruptcy records are available using the Public Access to Court Electronic Records (PACER) service. Individuals can get electronic access to desired bankruptcy information. However, they must create an account to use PACER. Users can search for a case by the court that heard it or with a nationwide index. Following the fee schedule, access to case information on PACER is billed at $0.10 per page and $3 per document (thirty pages).

To obtain information on closed bankruptcy cases, the National Archives and Records Administration (NARA) provides an electronic means via its site. Requestors can fill the NARA request form to order Louisiana bankruptcy records via U.S mail, fax, or email. Charges apply as communicated in the NARA fee schedule.

Where to Conduct a Free Bankruptcy Case Search in Louisiana

A person can conduct a free bankruptcy case search in Louisiana at:

The National Archives and Records Administration (NARA): A record seeker can conduct a free bankruptcy case search by email, postal mail, or phone at the NARA at:
National Archives at Kansas City
400 W. Pershing Rd.
Kansas City, MO 64108
Phone: (816) 268-8000
Email: kansascity.archives@nara.gov
The Multi-Court Voice Case Information System (MCVCIS): Individuals can access bankruptcy records for free by calling (866) 222-8029.
Bankruptcy Court Clerk offices: Individuals can view bankruptcy records for free at the public terminal located at court offices.
Public Access to Court Electronic Records (PACER): Individuals can access Louisiana and Federal court records for free via the PACER online tool when:
- They are a party in a case and receive a Notice of Electronic or Docket Activity from any of the United States Bankruptcy Court District of Louisiana offices.
- The Court grants them fee exemption.
- They want to obtain copies of court opinions.
- They want to view case information at any federal court system public access terminals.
- They have a bankruptcy record billing of $30 or less within a quarter (January-March, April-June, July-September, October-December).

How Do I Find Out if My Bankruptcy Case is Closed in Louisiana?

To find out about the current status of a Louisiana bankruptcy case, interested individuals can use platforms like PACER to check the case status. Also, the clerk's office can provide information on closed bankruptcy cases. Querying parties can visit the office location or use the public access terminals to find this information.

The Multi-Court Voice Case Information System (MCVCIS) can also read bankruptcy case details to callers. Interested persons may call the automated system at (866) 222-8029 for free to know if a case has been closed.

Can a Bankruptcy Be Expunged in Louisiana?

Yes, a bankruptcy can be expunged in Louisiana at the court's discretion. While there are no particular bankruptcy expungement laws, interested individuals may file a motion to expunge or redact certain bankruptcy information or documents.

A court judge reviews the motion and decides whether to grant or deny it. Expungement erases information concerning the case and makes it unavailable to the general public. For a $26 charge, the court also accepts a motion to redact certain information from any record.

What is the Downside of Filing for Bankruptcy in Louisiana?

Filing for bankruptcy usually comes with a few disadvantages. For instance, bankruptcy leaves a temporary but long-term dent in the applicant’s credit score. According to the Fair Credit Reporting Act, Chapter 13 bankruptcy can remain on the debtor’s credit report for up to seven years. This may stretch to 10 years for persons who file for Chapter 7 bankruptcy.

Furthermore, bankruptcy does not tackle all debts. In most cases, debtors must continue to satisfy non-dischargeable debts, such as student loans, alimony, child support, and fines awarded for committing crimes. Also, bankruptcy may cause debtors to lose ownership of assets and properties. Applicants who file for Chapter 7 bankruptcy end up losing all non-exempt assets and properties to the liquidation process.

Another downside is employment difficulty. In some cases, employers require credit reports before hiring potential candidates. Persons with bankruptcy filings may find it difficult to scale through hiring requirements, especially with related occupations. In other cases, licensing bodies may reject applicants with low credit scores, or persons with a bankruptcy on their credit reports. Some Louisiana landlords may also refuse to let out apartments to debtors who have filed for bankruptcy.

Filing for bankruptcy also restricts access to financial aid. Sometimes, credit card companies cancel cards issued to persons who have filed for bankruptcy. Loan services may also refuse to offer financial assistance to such persons.

What is Chapter 11 Bankruptcy in Louisiana?

Chapter 11 bankruptcy involves satisfying debtors by creating a restructuring or reorganization plan. The plan allows applicants to settle debts through periodic payments spread over an agreed length of time. Chapter 11 bankruptcy is mostly used by businesses and corporate entities who want to restructure their debt without suspending operations. However, some individuals who do not qualify for other types may use Chapter 11.

The debtor must create a payment plan agreeable to creditors who may be affected by the plan. After creditors vote on the plan, the court then confirms the plan if it meets other legal requirements. Under this type of bankruptcy, the debtor may remain in possession of assets and properties, continue business operations, and also borrow new money.

As of 2021, Chapter 11 bankruptcy costs a $1,167 filing fee and a miscellaneous administrative fee of $571. The debtor may pay the fee in installments provided that the final payment is completed 120 days after the bankruptcy filing. The court may extend the deadline if a debtor applies and states good cause. However, no extension may exceed the 180th day after the filing. Chapter 11 bankruptcy may be resolved in a few months or years, depending on the agreement between the debtor and creditors.

What is Chapter 7 Bankruptcy in Louisiana?

Chapter 7 bankruptcy is a process that settles debt by selling the debtor’s assets and properties. Also called liquidation bankruptcy, the trustee assigned to the case handles the sale of all property not covered by any exemption and uses proceeds to satisfy debtors. Chapter 7 bankruptcy is usually resolved as soon as all properties are sold.

Bankruptcy courts charge miscellaneous administrative and case filing fees of $75 and $245, respectively. Persons filing for Chapter 7 must also pay a $15 trustee surcharge. Similar to Chapter 13 bankruptcy, the courts may accept payments for 120 days, or a maximum of 180 days.

Applicants may qualify for Chapter 7 bankruptcy by taking a means test. The test determines eligibility by assessing each applicant’s income and comparing it with Louisiana’s median income. As of 2019, the Louisiana median household income was $51,073.

Louisiana debtors with incomes lower than the state’s median income qualify for Chapter 7. Persons with income higher than the median may also qualify with other factors considered. Applications that do not qualify may be dismissed or converted to Chapter 13 with the debtor’s consent. Like other forms of bankruptcy, Chapter 7 does not suspend payments such as alimony, taxes, child support, student loans, and personal injury debts.

What is Chapter 13 Bankruptcy in Louisiana?

The bankruptcy process under Chapter 13 is similar to Chapter 11 as it enables applicants to repay all or part of their debts. Chapter 13 bankruptcy is also known as a wage earner’s plan because it is only available to workers with a regular wage. The process requires the applicant to create a payment plan and submit it to the Chapter 13 trustee, who also receives the payments and distributes them to approved creditors. Under this type, debtors have little to no direct contact with creditors.

Bankruptcy under Chapter 13 is determined by debt size. As of 2021, the limit for secured and unsecured debt was $1,257,850 and $419,275, respectively. Applicants with higher debt may file for Chapters 11 or 7 bankruptcy.

Repayment under Chapter 13 bankruptcy lasts between three and five years. The court approves a three-year repayment plan for applicants whose monthly income is less than Louisiana’s median. In some cases, the court may extend this repayment if there is enough cause to do so. However, repayment may last up to five years if the debtor’s income is higher than the median. Nevertheless, bankruptcy law states that the court cannot approve a repayment longer than five years under any circumstances.

What is the Difference Between a Chapter 7 and Chapter 13 Bankruptcy in Louisiana?

There are several differences between Chapter 7 and Chapter 13 bankruptcy filings. Chapter 7 bankruptcy involves liquidation, which requires the trustee in charge to oversee the sale of the debtor’s non-exempt assets and properties. The trustee then pays creditors, returns the value of all applicable exemptions, and takes a fee. This differs from the Chapter 13 process, which does not require liquidation. A debtor filing under Chapter 13 must create a repayment plan subject to the approval of creditors and the court.

Both types of bankruptcy also differ by eligibility requirements. To qualify for Chapter 13 bankruptcy, the applicant’s debt must be under the current debt limit set by the Bankruptcy Code. On the other hand, Chapter 7 eligibility requires a means test used to compare the debtor’s income to Louisiana’s median income. Petitioners with lower monthly income qualify much easier than persons with income higher than the state’s median.

Generally, concluding a Chapter 7 bankruptcy case is possible in six months or less since this type requires immediate liquidation. However, Chapter 13 bankruptcy is more complicated, with repayment plans that may last up to five years.

What is Bankruptcy Protection in Louisiana?

Bankruptcy protection refers to the automatic stay accorded to debtors upon submission of a bankruptcy filing. The automatic stay prevents all creditors from repossessing or foreclosing the debtor’s property and suspends all collection activities or judgments to the effect. The automatic stay is activated immediately when the debtor files for bankruptcy.

Debtors must note that the automatic stay is not always absolute. According to 11 U.S.C. § 362(b), bankruptcy protection does not suspend obligations such as tax payments, criminal actions or proceedings, alimony payments, and child support. In addition, the automatic stay may not last more than 30 days if the debtor filed for bankruptcy within the past year. However, the court may postpone this deadline if the applicant requests an extension and provides proof that the filing is in good faith.

What are Louisiana Bankruptcy Exemptions?

Louisiana bankruptcy exemptions are laws that allow debtors to protect some of their assets and properties from liquidation or reorganization. Unlike states such as New York and Kentucky - which allow debtors to choose between state and federal bankruptcy exemptions - La. Rev. Stat. Ann. §13:3881(B)(1) restricts debtors to state exemptions. Louisiana state exemptions include the following:

Homestead Exemption

A debtor can protect the equity in the person’s home and the accompanying land up to $35,000. However, this exemption is restricted to 200 acres outside city limits, and five acres within.

Motor Vehicle Exemption

Louisiana law allows the exemption of one vehicle up to $7,500. A debtor may also exempt another vehicle up to $7,500 if the latter is modified to assist a person with a physical disability.

Wage Exemption

This exemption covers the greater of 30 times the federal minimum wage or 75% of the debtor’s disposable income.

Personal Property Exemption

Louisiana debtors can protect personal property, such as appliances, household goods and furnishings, musical instruments, animals, military accouterments, wedding and engagement rings up to $5,000, and several other items.

Public Benefits Exemption

The public benefits exemption covers public benefits such as unemployment compensation, crime victims’ compensation, workers’ compensation, and aid to blind, aged, and disabled persons.

Insurance, Retirement, and Pension Exemption

Louisiana debtors may protect annuity contracts, pensions, tax-deferred arrangements, and proceeds from the aforementioned contracts, pensions, and arrangements.

Tools of the Trade Exemption

All tools of the trade, including books, instruments, and one utility trailer, are protected from bankruptcy proceedings.

COVID-19 Exemption

According to La. Rev. Stat. Ann. §13:3881(A)(10), all COVID-19 stimulus payments received pursuant to federal law are exempt except for child support or spousal payments. This exemption does not apply to COVID-19 unemployment compensation payments.

Louisiana also allows couples making joint filings to double their exemptions. For instance, a jointly filed bankruptcy petition lets the couple use the homestead exemption up to $70,000 instead of $35,000.

How Much Does It Cost to File Bankruptcy in Louisiana?

The cost to file a bankruptcy petition in Louisiana varies depending on the chapter of the case a person files. For instance:

Chapter 7 costs $338
Chapter 9 costs $1,738
Chapter 11 costs $1,738
Chapter 12 costs $278
Chapter 13 costs $313
Chapter 15 costs $1,738

An individual who cannot pay the full filing fees can apply to pay them in installments using the Application for Individuals to Pay the Filing Fee in Installments (Form B 103A) form. Alternatively, petitioners whose income is less than 150% of the official poverty line and who cannot pay bankruptcy filing fees in installments can apply for Chapter 7 fee waivers. They may apply by submitting an Application to Have the Chapter 7 Filing Fee Waived (Form B 103B) to the Clerk’s office.